Judge orders Davidian evidence to be released

Published: Wednesday, August 11, 1999

HOUSTON {AP} A federal judge wants all evidence from the fatal 1993 Branch Davidian standoff turned over to his court, breaking a stalemate between the U.S. Justice Department and Texas Department of Public Safety.

The Department of Public Safety sought the order, as it has maintained some 24,000 pounds of evidence that actually was under the control of the Justice Department, making public access difficult.

U.S. District Judge Walter Smith's order will allow lawyers for nearly 200 Davidians and their relatives to look at the evidence recovered from the sect's Mount Carmel compound, which burned on April 19, 1993. The blaze ended a 51-day siege and killed Davidian leader David Koresh and nearly 80 followers.

"It is important for two reasons that the materials be maintained and safeguarded. First and foremost, the parties to civil litigation pending in this court have the right to seek access," Smith wrote in the order, released Monday.

"Second, the events that took place between Feb. 28 and April 19, 1993, and thereafter, have resulted in sometimes intense interest from the national media and the members of the public," the judge wrote. "There may come a time when persons other than the current civil litigants would be allowed access to the materials."

DPS Commissioner James B. Francis Jr. said the transfer of the evidence to the district clerk should occur within a few weeks.

The Davidians and their relatives have filed a multimillion-dollar wrongful death lawsuit against the government. Their attorney, Michael Caddell, on Tuesday called Smith's order "good news."

"We're going to trial in October and Judge Smith is going to control the evidence, and at this point, we trust him more than we trust the government," Caddell said.

Justice Department spokeswoman Carol Florman said the agency is still reviewing the order.

The DPS request came after a nearly two-year bureaucratic shuffle, in which the Texas agency would refer Freedom of Information requests to view the evidence to the Justice Department. Then the Justice Department would deny the requests on the grounds that it did not have the evidence in its custody.

Francis said the situation made his agency appear to be participating in a cover-up.

"All the parties in the world that wanted access to this evidence were caught in a Catch-22," Francis said. "For that reason, we took steps to break up this logjam and let the court take control of the evidence."

Sources who have seen the evidence say it appears to include items that contradict the government's claim that it never fired pyrotechnic or incendiary rounds that could have sparked the fire in the compound.